H.Res. 403: H.R. 1585 — National Defense Authorization Act for Fiscal Year 2008

COMMITTEE ACTION: REPORTED BY A RECORD VOTE of 9 to 4 on Tuesday May 15, 2007.
FLOOR ACTION: ADOPTED BY A RECORD VOTE OF 225-194 AFTER AGREEING TO THE PREVIOUS QUESTION BY THE YEAS AND NAYS 225-198 on Wednesday May 16, 2007.

MANAGERS: CASTOR/HASTINGS(WA)

110th Congress 
1st Session

H.RES.  403

[Report No. 110-151]

 

H.R. 1585 – National Defense Authorization Act for Fiscal Year 2008

  1. Structured rule.
  2. Provides ninety minutes of general debate equally divided and controlled by the Chairman and Ranking Minority Member of the Committee on Armed Services.
  3. Waives all points of order against consideration of the bill except for those arising under clause 9 or 10 of Rule XXI.
  4. Provides that the amendment in the nature of a substitute recommended by the Committee on Armed Services shall be considered as an original bill for the purpose of amendment and shall be considered as read.
  5. Waives all points of order against the committee amendment except for those arising under clause 9 or 10 of Rule XXI.
  6. Makes in order only those amendments printed in the Rules Committee report accompanying the resolution and amendments en bloc.
  7. Provides that the amendments made in order may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.
  8. Waives all points of order against the amendments printed in the report and amendments en bloc except for those arising under clause 9 or 10 of Rule XXI.
  9. Provides that the chairman of the Committee on Armed Services or his designee may offer amendments en bloc consisting of amendments printed in the Rules Committee report accompanying the resolution not earlier disposed of.  Amendments en bloc shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services or their designee, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  The original proponent of an amendment included in such amendments may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc.
  10. The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Rules Committee accompanying this resolution out of the order printed, but not sooner than 30 minutes after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect.
  11. Provides one motion to recommit with or without instructions.
  12. Provides that, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to a time designated by the Speaker.

 

RESOLUTION

            Resolved, That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for consideration of the bill (H.R. 1585) to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, to prescribe military personnel strengths for fiscal year 2008, and for other purposes.  The first reading of the bill shall be dispensed with.  All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.  General debate shall be confined to the bill and the amendments made in order by this resolution and shall not exceed 90 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services.  After general debate the bill shall be considered for amendment under the five-minute rule.  

            Sec. 2. (a) It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Armed Services now printed in the bill.  The committee amendment in the nature of a substitute shall be considered as read.  All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 9 or 10 of rule XXI. 

            (b) Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution and amendments en bloc described in section 3 of this resolution.

            (c) Each amendment printed in the report of the Committee on Rules shall be considered only in the order printed in the report (except as specified in section 4 of this resolution), may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. 

            (d) All points of order against amendments printed in the report of the Committee on Rules or amendments en bloc described in section 3 of this resolution are waived except those arising under clause 9 or 10 of rule XXI.

            Sec. 3.  It shall be in order at any time for the chairman of the Committee on Armed Services or his designee to offer amendments en bloc consisting of amendments printed in the report of the Committee on Rules accompanying this resolution not earlier disposed of.  Amendments en bloc offered pursuant to this section shall be considered as read, shall be debatable for 20 minutes equally divided and controlled by the chairman and ranking minority member of the Committee on Armed Services or their designees, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole.  The original proponent of an amendment included in such amendments en bloc may insert a statement in the Congressional Record immediately before the disposition of the amendments en bloc. 

            Sec. 4. The Chairman of the Committee of the Whole may recognize for consideration of any amendment printed in the report of the Committee on Rules accompanying this resolution out of the order printed, but not sooner than 30 minutes after the chairman of the Committee on Armed Services or a designee announces from the floor a request to that effect.  

            Sec. 5.  At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted.  Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute.  The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions. 

            Sec. 6.  During consideration in the House of H.R. 1585 pursuant to this resolution, notwithstanding the operation of the previous question, the Chair may postpone further consideration of the bill to such time as may be designated by the Speaker. 
 

SUMMARY OF AMENDMENTS MADE IN ORDER

1. Skelton (MO)#73 

 

Manager's Amendment.  This Manager’s Amendment makes technical and conforming changes, including: Sec 301 – Apportions funds for additional WMD civil support teams to the correct accounts (net change is zero).  Sec 576 – Clarifying language to correctly apportion $3 million in funds to defense-wide operation and maintenance accounts. Sec 1307 – Technical correction to add $48,000 for cooperative threat reduction program. Sec 1508 – Technical correction to $1 billion to Title XV for the Strategic Readiness Fund. Sec 1517 – Technical correction to include $50 million requested by the Administration for NNSA. Sections 2104, 2204, 2304 – Technical correction to apportion funding for military construction projects to the correct accounts and to eliminate double-counting. Sec 3103 -- Technical correction to add $6 million for energy security.

 (10 minutes)

2. Saxton (NJ)/LoBiondo (NJ)/Smith, Christopher (NJ)/Andrews (NJ) #26

 

(REVISED)  This amendment requires DOD to perform federal background checks for all unescorted visitors who seek entry to a military installation or facility, and employees of vendors and/or contractors who do business on a military installation or facility.  The background checks will require a search in the FBI’s National Crime Information Center (NCIC) database, confirmation that they are not on a terrorist watch list, and collaboration with DHS to verify US citizenship status.

 (10 minutes)

3. Ortiz (TX) #74:

 

Requires the Secretary of Transportation to submit a report identifying the non-retention vessels with the highest risk for environmental damage to local waters if further deterioration continues and a plan to dispose of these vessels by October 1, 2007.

 (10 minutes)

4. Reyes (TX) #20

 

The amendment would add and the to the list of countries to which the Department of Defense may provide non-lethal equipment (boats, aircraft, sensors, radios) to support counter-narcotics operations.

 (10 minutes)

5. Snyder (AR) #30:

 

 

This amendment would increase the funding for the Army National Guard military personnel account to fund the Yellow Ribbon Reintegration Program by $50,000,000, with an offsetting reduction of $50,000,000 from the Air Force JSTARS program.

 (10 minutes)

6. Smith, Adam (WA) #23:

 

This amendment would strike section 233, which authorizes $10 million for the Army Capital Fund demonstration.  Further, this amendment would reduce the total amount authorized in section 201(1), which authorizes funding for research, development, test, and evaluation for the Army, by $10 million.

 (10 minutes)

 

 

7. Andrews (NJ) #91

 

This amendment would require DOD to use renewable energy to meet at least 25% of its electricity needs by 2025, unless the Secretary determines a waiver is in the best interest of DOD.

 (10 minutes)

8. Andrews (NJ)#93:

 

This amendment would prevent funds authorized in the bill for the wars in and from being obligated or expended to plan a contingency operation in.

 (20 minutes)

9. Turner (OH) #69

 

 

(REVISED)  The amendment bars courts from entering or modifying an order changing the custody of the child of a service member during that service member's period of military service.  The amendment provides an exception for temporary orders issued in the best interest of the child; upon completion of a service member's military service, any original custody order shall be reinstated.

 (10 minutes)

 

 

10. Drake (VA) #7 

 

This amendment would expand to all the uniformed services (the military services, as well as the Coast Guard, Public Health Service, and National Oceanic and Atmospheric Administration Corps) the authority for an enhanced increase in the monthly basic pay (0.5% above the Employment Cost Index) during fiscal years 2009 through 2012.

 (10 minutes)

 

 

11. Franks (AZ)/Cantor (VA)/Putnam (FL) #106

 

The amendment increases by $764 million the amount authorized for ballistic missile defense.

 (20 minutes)

12. Johnson, Jr., Hank (GA)#133:

 

(REVISED)  The amendment would provide $169,000,000 of medical military construction support at Fort Belvoir and Bethesda using amounts appropriated pursuant to the authorization of appropriations in section 2402(a)(9). 

 (10 minutes)

 

13. Slaughter (NY)#16:

 

The amendment would require the Secretary of the Air Force to submit a report to the Congressional defense committees containing a plan for the current and future assets at the Niagara Air Reserve Base.

 (10 minutes)

14. DeFazio (OR)/Paul (TX)/Hinchey (NY)/Lee (CA)#31:

 

The amendment clarifies that no previously enacted law authorizes military action against .  It also prohibits funding authorized by the bill or in any other act from being used to take military action against Iran without specific authorization from Congress unless there is a "national emergency created by an attack by Iran upon the United States, its territories or possessions or its armed forces" (language taken directly from the War Powers Resolution, P.L. 93-148).

 (10 minutes)

15. Moran, James (VA)#29

 

(REVISED)  The amendment would require the Office of the Secretary of Defense to submit a report identifying the current capacity at Department of Defense facilities to securely hold and try before a military commission the detainees currently held atGuantanamo Bay, .  The report shall include the Department’s estimated number of detainees that will be 1) charged with a crime, 2) subject to a release or transfer, or 3) held without being charged with a crime, but whom the Department wishes to detain.  The report shall also describe actions required by the Secretary and Congress to ensure that detainees who are scheduled for release are released no later than December 31, 2007.

 (10 minutes)

16. Buyer (IN)#47 

 

The amendment would strike the proposed sections 3306 and 3326 of section 525, which prohibit the Secretary of Veterans Affairs from awarding unequal education benefits to members of the Selected Reserves based on when they became eligible for such benefits.

 (10 minutes)

17. Holden (PA)#3: 

 

(REVISED)  This amendment creates a Combat Medevac Badge to give recognition to those men and women who serve or served as helicopter medical evacuation ambulance (Medevac) pilots or crewmembers in a combat theater.  The amendment specifically will make any person who served in combat as a pilot or crewmember of a Medevac unit beginning June 25, 1950 eligible for the Combat Medevac Badge.

 (10 minutes)

18. Diaz-Balart, Lincoln (FL)/Diaz-Balart, Mario (FL)/Ros-Lehtinen (FL)/Hastings (FL)#50

 

(REVISED)  The amendment would allow the Secretary of the Navy to establish a Naval ROTC program at the University of Miami ( Florida ).

 (10 minutes)

19. Scott, Robert (VA)#82

 

(REVISED)  The amendment states Congress's finding that Modeling, Analysis, and Simulation Technology has become an essential component of national defense.  It also states that it is important for the Defense Department to study the effects of warfare and disasters on urban environments.

 (10 minutes)

20. Stupak (MI)#81

 

(REVISED)  This amendment would require the Department of Defense to transport remains of service members by air to the airport nearest to the intended place of burial.

 (10 minutes)

21. Woolsey (CA)#27:

 

This amendment would require the Secretary of Defense to issue a report on the continued use, need, relevance, and cost of weapons systems designed to fight the Cold War and the former Soviet Union .

 (10 minutes)

22. Moran, James (VA)#125

 

An amendment to require that the transportation infrastructure necessary to accommodate the large influx of military personnel and civilian employees to be assigned to Fort Belvoir, VA, as part of the BRAC realignment of the installation, be substantially completed before the relocation of these employees.

 (10 minutes)

23. Jackson-Lee (TX)#62

 

This amendment requires the Secretary of Defense to study and report back to Congress on the financial and emotional impact of multiple deployments on the families of those soldiers who serve multiple tours as part of Operation Iraqi Freedom and Operation Enduring Freedom.

 (10 minutes)

24. Jackson-Lee (TX)#63

 

This amendment requires the Secretary of Defense to take the necessary steps to ensure that Army National Guard and Reserve ROTC scholarships are available to students attending historically black colleges and universities, and Hispanic-serving institutions.

 (10 minutes)

25. Davis, Tom (VA)#42

 

This amendment would extend by three years (through 2010) the authorization for the Department of Defense to participate in the Information Technology Exchange Program (ITEP).  

 (10 minutes)

26. Kennedy, Patrick (RI)#111

 

(REVISED)  The amendment would require the Secretary of Defense to conduct a survey examining the feasibility of measuring family member satisfaction with the quality of health care services provided to patients, particularly those patients incapacitated by injuries that render them unable to respond completely to surveys on their own.

 (10 minutes)

 

27. LaHood (IL)#11

 

(REVISED)  The amendment would allow a member of the Armed Forces to request a deferment of a deployment to a combat zone if their spouse also is deployed to a combat zone and the couple has minor dependent children.

 (10 minutes)

28. Allen (ME)#40 

 

The amendment requires the Secretary of Defense to report to Congress on the Department’s policies on administering and evaluating multiple vaccinations within a 24-hour period to active duty members and members of the reserve components and to perform a study on the safety and effectiveness of administering multiple vaccinations within a 24-hour period. 

 (10 minutes)

29. Fossella (NY)#102:

 

(REVISED)  Requires the Secretary of Defense, in consultation with the United States Postal Service, to provide vouchers for free (less than 10 lbs) parcel or letter mailing to service members serving in Iraq or Afghanistan or currently hospitalized under the care of the Armed Forces.

 (10 minutes)

 

 

30. Tierney (MA)/Holt (NJ)#58

 

The amendment reduces the $8.1 billion specified for Missile Defense Agency (MDA) activities by $1.084 billion from specified programs.

 (10 minutes)

31. Sessions (TX)#12:

 

This amendment clarifies that nothing in this legislation would prevent the ’ missile defense capabilities from being placed on operational alert to respond to an immediate threat posed by ballistic missiles.

 (10 minutes)

32. Holt (NJ)#21:

 

Requires the videotaping of interrogations and other pertinent interactions between military personnel and/or contractors and detainees arrested and held. Directs the Judge Advocates General of the respective military services to develop uniform guidelines for such videotaping. Provides access to detainees for representatives of the International Red Cross and Red Crescent, the UN High Commissioner for Human Rights, and the UN Special Rapporteur on Torture for independent monitoring of detainee conditions and treatment.

 (10 minutes)

33. Schakowsky (IL)/Price, David (NC)#39:

 

(REVISED)  The amendment edits sections 831 and 833 of H.R.1585 by (1) limiting the number of times the President can waive restrictions on contracting should the Memorandum of Understanding regarding contracts for Iraq and Afghanistan not be completed; (2) clarifying that members of Congress on the relevant Committees can view contracts regardless of the MOU, as well as the database of contract information for work to be performed in Iraq and Afghanistan; and (3) clarifying that the Select Intelligence Committees shall be allowed to view contracts that fall under their jurisdiction.

 (10 minutes)

34. Inslee (WA)#123:

 

(REVISED)  The amendment mandates that the Office of the Secretary of Defense report to Congress on its plans to implement management software that can measurably reduce energy consumption of PCs.

 (10 minutes)

35. Terry (NE)#76:

 

(REVISED)  The amendment adds $10 million to Defense-wide research, development, test and evaluation (RDT&E) for the X Lab battlespace laboratory.  The amount is offset by a $10 million reduction to Navy RDT&E Littoral Combat System Mission Modules.

 (10 minutes)

36. Thompson, Mike (CA)#14:

 

(REVISED)  Revises DoD command policy to include membership in a criminal street gang among the list of prohibited activities by members of the Armed Forces

 (10 minutes)

37. Capito (WV)#28:

 

The amendment expresses the sense of Congress that an appropriate site in Arlington National Cemetery should be provided for a memorial marker to honor the memory of the 40 members of the Armed Forces of the United States who lost their lives in the air crash at Bakers Creek, Australia, on June 14, 1943, provided that the Secretary of the Army have exclusive authority to approve the design and site for the memorial marker.

 (10 minutes)

38. Israel(NY)/Lee (CA)#128:

 

(REVISED)  Expresses the Sense of Congress that the and the Government of Chad should upgrade the Abeche Airfield in in order to support potential NATO operations, facilitate a future U.N. deployment to and the Darfur region ofand to support humanitarian operations. Also requests the Pentagon study what specific airfield improvements should be made and report to Congress.

 (20 minutes)

 

 

39.Israel(NY)#19:

 

Directs the Secretary of Defense to study commercial optimization solutions in aviation technology and make any recommendations that would best support the mission of the Department.

 (10 minutes)

40. Matheson (UT)#52:

 

 

The amendment requires that the uranium mill tailings pile, currently located on the banks of the Colorado River near , Utah, be remediated and the tailings removed to Crescent Junction, Utah by October 1, 2019.

 (10 minutes)

41. King, Steve (IA)#95

 

The amendment adds language to section 1222 to explain that the bill’s prohibition on the establishment of permanent military bases in should not be construed to prohibit the from establishing a temporary military base or installation by entering into basing rights agreements between the and .  The amendment also states that Congress recognizes the has not established any permanent military installations inside or outside the

 (20 minutes)

42. McCotter (MI)#132

 

(REVISED)  This amendment requires the Secretary of Defense to conduct a thorough review of the procedures by which the Department of Defense’s existing classification procedures have failed to prevent the transfer of defense articles and defense services with military technology components to terrorists, state sponsors of terrorism, or other unfriendly countries or groups.  The Secretary must report back to Congress within 180 days of enactment with the results of the review and the measures to be implemented to rectify the deficiencies of the existing classification procedures.

 (10 minutes)

43. Michaud (ME)/Langevin (RI)/Ryan, Tim (OH)/Harman (CA)/Shays (CT)/Davis, Susan (CA)/Sanchez, Loretta (CA)#48

 

The amendment ensures that emergency contraception is available at all military health care facilities.  Emergency contraception is currently included in the Uniform Formulary, a list of drugs that may be included at military health care facilities.  The amendment would include emergency contraception in the Basic Core Formulary, a list of drugs that must be included at all military health care facilities.

 (20 minutes)

44. Boren (OK)/Boustany (LA)#90

 

The amendment restricts the use of the name or image of a member of the Armed Forces for commercial purposes without written permission from the soldier (or from the family if the soldier is deceased).  It gives U.S. Attorneys the authority to seek injunctions against violators.

 (10 minutes)

45. Lipinski (IL)#2

 

This amendment would require the Department of Defense, to the maximum extent deemed feasible, to utilize lighting fixtures and bulbs that are energy efficient.  Energy efficient lighting is to be installed during the normal course of maintenance or whenever a building is significantly altered or constructed. 

 (10 minutes)

46. Altmire (PA)/Udall, Tom (NM)#57

 

The amendment provides that employees covered by the Family Medical Leave Act, whose family member is a member of the Armed Forces and has been called to active duty in a contingency operation, may use FMLA leave to deal with exigencies arising from that call to duty, such as arranging for child care and other family obligations.  The Secretary of Labor shall issue regulations defining the exigencies that qualify for leave under this amendment

 (10 minutes)

47. Braley (IA)#122

 

 

(REVISED)  The amendment requires the Secretary of Defense to conduct a study of (1) the feasability of a pilot program on family support services for National Guard and Reserve members, and (2) the feasibility of entering into a contract with a private sector entity to enhance support services for children of National Guard and Reserve members who are deployed.

 (10 minutes)

48. Mitchell (AZ)/Space (OH)/Walz (MN)/Rodriguez (TX)#84 

 

(REVISED)  The amendment would require the Secretary of Defense to provide a written, voluntary authorization form to servicemembers to enable them to release their medical records to the Veterans Administration.

 (10 minutes)

49. Carney (PA)#59:

 

(REVISED)  The amendment expresses the sense of Congress that Guard and Reserve members should have up to ten years to use their education benefits.

 (10 minutes)

50. Walz (MN)#56:

 

The amendment would require the Department of Defense to study and report back to the House and Senate Armed Services Committees within 9 months on the participation rate of service members in the federal tuition assistance program and to assess the extent to which the program affects retention rates.

 (10 minutes)

 

 

TEXT OF AMENDMENTS MADE IN ORDER

 Sponsor

#

1. Skelton (MO):

#73

2. Saxton (NJ)/LoBiondo (NJ)/Smith, Christopher (NJ)/Andrews (NJ):

#26

3. Ortiz (TX):

#74

4. Reyes (TX):

#20

5. Snyder (AR):

#30

6. Smith, Adam (WA):

#23

7. Andrews (NJ):

#91

8. Andrews (NJ):

#93

9. Turner (OH):

#69

10. Drake (VA):

#7

11. Franks (AZ)/Cantor (VA)/Putnam (FL):

#106

12. Johnson, Jr., Hank (GA):

#133

13. Slaughter (NY):

#16

14. DeFazio (OR)/Paul (TX)/Hinchey (NY)/Lee (CA):

#31

15. Moran, James (VA):

#29

16. Buyer (IN):

#47

17. Holden (PA):

#3

18. Diaz-Balart, Lincoln (FL)/Diaz-Balart, Mario (FL)/Ros-Lehtinen (FL)/Hastings (FL):

#50

19. Scott, Robert (VA):

#82

20. Stupak (MI):

#81

21. Woolsey (CA):

#27

22. Moran, James (VA):

#125

23. Jackson-Lee (TX):

#62

24. Jackson-Lee (TX):

#63

25. Davis, Tom (VA):

#42

26. Kennedy, Patrick (RI):

#111

27. LaHood (IL):

#11

28. Allen (ME):

#40

29. Fossella (NY):

#102

30. Tierney (MA)/Holt (NJ):

#58

31. Sessions (TX):

#12

32. Holt (NJ):

#21

33. Schakowsky (IL)/Price, David (NC):

#39

34. Inslee (WA):

#123

35. Terry (NE):

#76

36. Thompson, Mike (CA):

#14

37. Capito (WV):

#28

38. Israel(NY)/Lee (CA): 

#128

39. Israel (NY):

#129

40. Matheson (UT):

#52

41. King, Steve (IA):

#95

42. McCotter (MI):

#132

43. Michaud (ME)/Langevin (RI)/Ryan, Tim (OH)/Harman (CA)/Shays (CT)/Davis, Susan (CA)/Sanchez, Loretta (CA): 

#48

44. Boren (OK)/Boustany (LA):

#90

45. Lipinski (IL):

#2

46. Altmire (PA)/Udall, Tom (NM):

#57

47. Braley (IA):

#122

48. Mitchell (AZ)/Space (OH)/Walz (MN)/Rodriguez (TX): 

#84

49. Carney (PA): 

#59

50. Walz (MN):

#56